NAIROBI, Kenya, May 1 – Employment and Labor Relations Court Thursday issued orders restraining the Public Service Commission (PSC) from sacking Nairobi County workers who did not attend the Nairobi Metropolitan Service secondment exercise on April 6, pending the hearing of a case filed by the Kenya County Government Workers Union (KCGWU).
KCGWU had sought the orders in an urgent application in a bid to protect Nairobi County employees who have since been seconded to the newly created NMS who showed up without the necessary documents as well as those who failed to show up from being sacked.
“An order is hereby issued restraining the respondents whether by themselves, agents and servants and whomsoever acting under their authority or instruction from terminating, harassing, intimidating apprehension of the Applicant’s members who attended but lacked necessary documentation and those who failed to attend the secondment exercise,” the labour relations division ruled.
The exercise to redeploy more than 6,000 City Hall workers kicked off in April, despite protests from Nairobi Governor Mike Sonko, who argued the responsibility to second staff still remains with the Nairobi County Public Service Board.
Sonko accused the NMS through PSC of hijacking functions that were not transferred to the national government in a deal signed on February 25.
In a rejoinder, NMS Director General Mohamed Badi refuted the claims saying he was acting withing the confines of instruments of power granted to him.
He said it was within his mandate to redeploy staff whose functions he is now oversees.
The functions Sonko handed over to national government include Health Services, Transport, County Planning and Development Services as well as Ancillary Services.